SECURITAS SECURITY SERVICES, INC.; BROADSPIRE BREA, KERMIT BROWN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKERMIT BROWN, Applicant,vs.SECURITAS SECURITY SERVICES, INC.; BROADSPIRE BREA, Defendant(s).Case No. ADJ6649578OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award and Order of June 16, 2009, in which the workers’ compensation judge (WCJ) found that applicant, while employed as a security guard by Securitas Security Services, Inc. on November 3, 2008, sustained injury arising out of and occurring in the course of his employment to his right knee, and that applicant was in the performance of his duties, not in an excluded area, and reasonably acting within the scope of his duties at the time of injury. The WCJ awarded “reasonable benefits, including accrued and/or ongoing temporary disability benefits, permanent disability benefits, and accrued and/or ongoing medical treatment consistent with the above findings of compensable injury,” and the WCJ ordered defendant to “provide all reasonable benefits consistent with the Award.” Defendant contends, in substance, that applicant failed to prove injury because no medical evidence was offered at trial, and that discovery closed at the Mandatory Settlement Conference (MSC) on April 16, 2009. Applicant filed an answer. The WCJ submitted a Report and Recommendation. We begin by noting that the verification attached to defendant’s petition for reconsideration is defective, in that it identifies California Insurance Guarantee Association (CIGA), not Securitas , Security Services, Inc., as the party-defendant. However, we will exercise our discretion not to dismiss the petition due to the verification issue, because the attorney who signed the verification is the attorney who appeared for Securitas at trial on May 20, 2009. (Lucena v. Diablo Auto Body (2000) 65 Cal.Comp.Cases 1425 [
Kermit Brown, vs. Securitas Security Services, Inc.; Broadspire Brea,
is a case in which the Workers' Compensation Appeals Board granted reconsideration of the Findings and Award and Order of June 16, 2009. The case involved an employee of Securitas Security Services, Inc. who sustained an injury to his right knee while on the job. The WCJ found that the injury was compensable and awarded reasonable benefits, including accrued and/or ongoing temporary disability benefits, permanent disability benefits, and accrued and/or ongoing medical treatment. The defendant sought reconsideration, arguing that the applicant failed to prove injury because no medical evidence was offered at trial. The WCJ granted reconsideration and rescinded the decision, returning the matter to the trial level for further proceedings and a new decision.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6649578
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